Fitzgerald: Chess master at work?
Somewhere today I read an interesting blog post, but I've forgotten where so I can't give credit via a link. In any event, the piece pointed out that the new information that came out yesterday about Scooter Libby testifying that Cheney ordered him to reveal state secrets was actually released by Libby's lawyers, not by Fitzgerald. It turns out that Fitzgerald's letter, which was the source of this information, was sent to Libby's lawyers in response to their demand that he turn over many classified documents. Fitzgerald is arguing that the classified material is irrelevant to the question of whether Libby lied to the grand jury, which is, of course, what Libby is charged with.
The blogger I am referring to went on to speculate that Libby's lawyers are hoping that a) the judge will grant their request and require Fitzgerald to produce the classified materials, b) the Bush Administration will refuse to permit the release of the documents for "security" reasons allegedly but actually to save the embarrasment of a trial, and c) Fitzgerald will conclude he cannot go forward with the prosecution and will drop the charges.
Fitzgerald is reputed to be a pretty sly fox. What I am wondering is whether he anticipated all this in advance. In fact, this may be precisely why he did not charge Libby with illegally outing Plame. Had he done so, the demand by Libby's lawyers for classified information on exactly what Plame's covert status had been would clearly be germane to the charges. The judge would have required it be made available, and that would have given the Bushies the perfect excuse to obstruct the trial by refusing to produce the needed evidence, citing "security" reasons. Libby (and whoever else Fitzgerald might indict) would then go free.
By charging Libby instead with perjury and obstruction of justice, Fitzgerald will probably dodge that bullet and not be required to hand over classified materials.
So, that leaves us with the question what he will do about Rove and, perhaps, Cheney. Obviously, he can't charge them with outing Plame for precisely the same reasons.
Cheney, of course, has not testified before the grand jury, so he can't be tried for perjury. Cheney has been interviewed by the F.B.I., and lying (if he did lie) to the F.B.I. is illegal even if you're not under oath, but that might come down to a "he said, she said" argument between Cheney and the F.B.I. agent. Guess who would win that one... unless, of course, they taped the interview.
Given what we know now about what Scooter has told the grand jury about Cheney, it certainly looks as though Cheney should be charged with something. I have a feeling (maybe it's just a hope) that Fitzgerald is just trying to get all his ducks in line before seeking to indict Cheney for something, but what exactly?
This may turn out to be a very interesting check mate.
The blogger I am referring to went on to speculate that Libby's lawyers are hoping that a) the judge will grant their request and require Fitzgerald to produce the classified materials, b) the Bush Administration will refuse to permit the release of the documents for "security" reasons allegedly but actually to save the embarrasment of a trial, and c) Fitzgerald will conclude he cannot go forward with the prosecution and will drop the charges.
Fitzgerald is reputed to be a pretty sly fox. What I am wondering is whether he anticipated all this in advance. In fact, this may be precisely why he did not charge Libby with illegally outing Plame. Had he done so, the demand by Libby's lawyers for classified information on exactly what Plame's covert status had been would clearly be germane to the charges. The judge would have required it be made available, and that would have given the Bushies the perfect excuse to obstruct the trial by refusing to produce the needed evidence, citing "security" reasons. Libby (and whoever else Fitzgerald might indict) would then go free.
By charging Libby instead with perjury and obstruction of justice, Fitzgerald will probably dodge that bullet and not be required to hand over classified materials.
So, that leaves us with the question what he will do about Rove and, perhaps, Cheney. Obviously, he can't charge them with outing Plame for precisely the same reasons.
Cheney, of course, has not testified before the grand jury, so he can't be tried for perjury. Cheney has been interviewed by the F.B.I., and lying (if he did lie) to the F.B.I. is illegal even if you're not under oath, but that might come down to a "he said, she said" argument between Cheney and the F.B.I. agent. Guess who would win that one... unless, of course, they taped the interview.
Given what we know now about what Scooter has told the grand jury about Cheney, it certainly looks as though Cheney should be charged with something. I have a feeling (maybe it's just a hope) that Fitzgerald is just trying to get all his ducks in line before seeking to indict Cheney for something, but what exactly?
This may turn out to be a very interesting check mate.
posted by walldon | 3:14 PM
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